Willie Asbury
Filing
402837841
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [998298878-2]; denying Motion for writ of mandamus (FRAP 21) [998284070-2] Originating case number: 3:09-cv-02557-DCN-JRM Copies to all parties and the district court/agency. [998356601] [10-1212]
<![CDATA[
Willie Asbury
Doc. 402837841
Case: 10-1212
Document: 7
Date Filed: 06/10/2010
Page: 1
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1212 In Re: WILLIE J. ASBURY, Petitioner.
On Petition for Writ of Mandamus. (3:09-cv-02257-DCN-JRM) Submitted: June 1, 2010 Decided: June 10, 2010
Before GREGORY, SHEDD, and KEENAN Circuit Judges. Petition denied by unpublished per curiam opinion. Willie J. Asbury, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit.
Dockets.Justia.com
Case: 10-1212
Document: 7
Date Filed: 06/10/2010
Page: 2
PER CURIAM: Willie J. Asbury petitions for a writ of mandamus, seeking an order for removal of a magistrate judge who issued a report and recommendation in Asbury v. Driskell, No. 3:08-cv02671-DCN (D.S.C. filed July 28, 2008). is not entitled to the relief he seeks. Mandamus relief is a drastic remedy and should be used only Dist. in extraordinary 426 circumstances. 394, 402 Kerr v. United States v. We conclude that Asbury
Court, 333
U.S. 509,
(1976); (4th when Cir. the
United 2003).
States
Moussaoui, mandamus
F.3d is
516-17 only
Further, has a
relief
available
petitioner
clear right to the relief sought.
In re First Fed. Sav. & Loan
Ass'n, 860 F.2d 135, 138 (4th Cir. 1988). Here, Asbury offers nothing more than bald assertions against the magistrate judge and displeasure with the outcome of Asbury v. Driskell, a separate case wholly unrelated to the case underlying the instant petition. Therefore, we conclude that
the relief Asbury seeks is not available by way of mandamus. Accordingly, pauperis, dispense we with although deny oral the we grant leave for to proceed of in forma We legal
petition
writ the
mandamus. and
argument
because
facts
2
Case: 10-1212
Document: 7
Date Filed: 06/10/2010
Page: 3
contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
PETITION DENIED
3
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
